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NICHOLAS BAYARD. 525

Saunders, Jacob Cornelisse, Barent Kool, Goert Olpherto, Samuel
Cornelius Clopper, Conrael Teneyck, Jacobus Goelet.

The Prisoner then read a petition to the court, in which he set
forth the injustice and irregularity of the proceedings against him.
The indictment, he said, was not agreed to by any twelve of the
grand jury, and he prayed that all the members of the grand jury
might be examined by the eourt upon this point. He also insisted,
that, as a matter of justice to him, the grand jury ought to have
been composed of Englishmen, and of English extraction, of the
best character for knowledge, integrity, justice, conscience, and es-
tates; yet there was not a single Englishman on the jury, but all
of them were of Dutch extraction and education, and several of
them ignorant to that degree, that they could neither read nor write,
nor understand the English language. He also complained, that
the petit jury was principally composed of Dutchmen, extremely
ignorant of the English language. The petition was denied,

The Solicitor General made an introductory harangue to the jury,
in which he deelaimed against the English and French inhabitants
of the colony, inelnding the principal Dutch, He charged the pris-
oner with being the head of a faction, a malignant party, who had
endeavored to introdues popery and slavery, “disturhers of our
Israel,” as they had been of the government of Leisler, which, he
said, was now Justified at home to be legal, He aceused them of
being a nest of pirates, betrayers of the prinee and his laws, &
pareel of banditti, who offered the late Earl of Bellamont 2 reward
of ten thousand pounds to connive af piracies. Ho avowed himself
to be of the Leislerian party, and said he would stand or fall by it.
‘He then detailed the facta he expected to prove.

THE WITNESSES FOR THE PROSECUTION.
Samuel Clows. About a fort- ity here, and that the name of

night before Colonel Bayard’s
commitment, E happened io
come to his house sbout some
business, not at all relating to
this matter; he asked me, if I
had seen the addresses? I an-
ewered, no. He then showed mo
three addresses; the first wea to
my Lord Cornbury; the persons

dressing in it called them-
selves inhabitants of New York,
and others distant from it; and,
because some of them could not
perhaps be present at his lord-
ahip’s arrival here, did, by way
of address, congratulate his lord-
ship into this government, wish-
ing him all health and prosper-

party might be banished from
among us. Colonel Bayard asked
me, if I bad any thing to aay
against it? I answered, no, and
then signed it. The other two
addresses were, one to the king,
and the other to the house of
commons, or to the parliament,
I am not positive which; as 1
had read them, E remember I
made this observation to myself,
that they contained nearly both
the same things; and in them, or
one of them, to the best of my
remembrance, were contained
these things, the persons addrese-
ing, called themselves English-
men and others, who, though

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